'^^ 111. 5. j(youM ; StauxtL6 , aXL. . 



Aa 









VA5 rl'LOwVLC' ^■.'M 



DEPARTMENT OF THE INTERIOR 

BUREAU OF EDUCATION 



FEDERAL LAWS, REGULATIONS, 
AND RULINGS AFFECTING THE 
LAND-GRANT COLLEGES OF AGRI- 
CULTURE AND MECHANIC ARTS 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

)9I6 









ADDITIONAL COPIES 

OF THIS PUBLICATION MAY BE PROCURED FROM 

THE SXnPERINTENDENT OF DOCUMENTS 

GOVERNMENT PRINTING OFFICE 

WASHINGTON, D. C. 

AT 

5 CENTS PER COPY 
A 



D. of D. 
JUL 17 1916 



Morrill Land-Grant Act of 1862. 

AN ACT Donatiug public lands to the several States and Territories which may 
provide colleges for the benefit of agriculture and the mechanic arts. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America^ in Congress assembled. That there be 
gTanted to the several States, for the purposes hereinafter mentioned, 
an amount of public land, to be apportioned to each State a quantity 
equal to 30.000 acres for each Senator and Representative in Congress 
to which the States are respectively entitled by the apportionment 
under the census of 1860 : Provided^ That no mineral lands shall be 
selected or purchased under the provisions of this act. 

Sec. 2. And he it further enacted^ That the land aforesaid, after 
being surveyed, shall be apportioned to the several States in sections 
or subdivisions of sections, not less than one-quarter of a section; and 
wherever there are public lands in a State, subject to sale at private 
entry at one dollar and twenty-five cents per acre, the quantity to 
which said State shall be entitled shall be selected from such lands, 
within the limits of such State; and the Secretary of the Interior is 
hereby directed to issue to each of the States, in which there is not 
the quantity of public lands subject to sale at private entry, at one 
dollar and twenty-five cents per acre, to which said State may be en- 
titled under the provisions of this act, land scrip to the amount in 
acres for the deficiency of its distributive share ; said scrip to be sold 
by said States, and the proceeds thereof applied to the uses and pur- 
poses prescribed in this act, and for no other use or purpose whatso- 
ever : Provided^ That in no case shall any State to which land scrip 
may thus be issued be allowed to locate the same within the limits of 
any other State, or of any territory of the United States; but their 
assignees may thus locate said land scrip upon any of the unappropri- 
ated lands of the United States subject to sale at private entry, at one 
dollar and twenty-five cents, or less, an acre: And provided further, 
That not more than one million acres shall be located by such as- 
signees in any one of tlie States : And provided further. That no such 
location shall be made before one year from the passage of this act. 

Sec. 3. And he it further enacted, That all the expenses of manage- 
ment, superintendence, and taxes from date of selection of said lands, 
previous to their sales, and all expenses incurred in the management 
and disbursement of moneys which may be received therefrom, shall 

3 



4 COLLEGES OF AGRICULTURE AND MECHANIC ARTS. 

be paid by the States to which they may belong, out of the treasury 
of said States, so that the entire proceeds of the sale of said lands 
shall be applied, without any diminution whatever, to the purposes 
hereinafter mentioned. 

Sec. 4. Aiid te it further enacted^ That all moneys derived from 
the sale of the lands aforesaid by the States to which the lands are 
apportioned, and from the sales of land scrip hereinbefore provided 
for, shall be invested in stocks of the United Sates, or of the States, or 
some other safe stocks, yielding not less than five per centum upon the 
par value of said stocks: and that the moneys so invested shall con- 
stitute a perpetual fund, the capital of which shall remain forever 
undiminished, except so far as may be provided in section fifth of this 
act. and the interest of which shall be inviolably appropriated, by 
each State which may take and claim the benefit of this act, to the 
endowment, support, and maintenance of, at least, one college, where 
the leading object shall be, without excluding other scientific and 
classical studies, and including military tactics, to teach such branches 
of learning as are related to agriculture and the mechanic arts, in such 
manner as the legislatures of the States may respectively prescribe, 
in order to promote the liberal and practical education of the in- 
dustrial classes in the several pursuits and professions in life. 

Sec. 5. And he it further enacted. That the grant of land and land 
scrip hereby authorized shall be made on the following conditions, to 
which, as well as to the provisions hereinbefore contained, the pre- 
vious assent of the several States shall be signified by legislative acts: 

First. If any portion of the fund invested, as provided by the fore- 
going section, or any portion of the interest thereon, shall, by any 
action or contingency, be diminished or lost, it shall be replaced by 
the State to which it belongs, so that the capital of the fund shall re- 
main forever undiminished; and the annual interest shall be regu- 
larly applied without diminution to the purposes mentioned in the 
fourth section of this act, except that a sum, not exceeding ten per 
centum upon the amount received by any State under the provisions 
of this act, may be expended for the purchase of lands for sites or 
experimental farms, whenever authorized by the respective Legisla- 
tures of said States; 

Second. No portion of said fund, nor the interest thereon, shall be 
applied, directly or indirectly, under any pretense whatever, to the 
pui-chase, erection, preservation, or repair of any building or buildings : 

Third. Any State which may take and claim the benefit of the pro- 
^■isions of this act shall provide, within five years, at least not less 
than one college, as prescribed in the fourth section of this act, or the 
grant to such State shall cease; and said State shall be bound to pay 
the United States the amount received of any lands previously sold, 
and that the title to purchasers under the State shall be valid ; 



FEDERAL LAWS, REGULATIONS, AND RULINGS. 5 

Fourth. An annual rei)oit shall be made regardino; the progress of 
each college, recording any improvements and experiments made, 
with their costs and results, and such other matters, including State 
industrial and economical statistics, as may be supposed useful : one 
copy of which shall be transmitted by mail free, by each, to all the 
other colleges which may be endowed under the provisions of this 
act. and also one copy to the Secretary of the Interior- : 

Fifth. When lands shall be selected from those which have been 
raised to double the minimum price in consequence of railroad 
grants, they shall be computed to the States at the maximum price, 
and the number of acres proportionally diminished: 

Sixth. Xo State, while in a condition of rebellion or insurrection 
against the government of the United States, shall be entitled to the 
benefit of this act ; 

Seventh. Xo State shall be entitled to the benefits of this act unless 
it shall express its acceptance thereof by its legislature within two 
years from the date of its approval by the President. 

Sec. 6. And he it further enaxjted., That land scrip issued under the 
provisions of this act shall not be subject to location until after the 
first day of January, 1863. 

Sec. 7. And he it further enaHed, That land officers shall receive 
the same fees for locating land scrip issued under the provisions of 
this act as is now allowed for the location of military bounty land 
warrants under existing laws: Provided, That maximum compensa- 
tion shall not be thereby increased. 

Sec. 8. And he it further enacted , That the Govertiors of the sev- 
eral States to which scrip shall be issued under this act shall be 
required to report annually to Congress all sales made of such scrip 
until the whole shall be disposed of. the amount received for the same, 
and what appropriation has been made of the proceeds. 

Approved, July 2. 1862. (12 Stat., 503.) 



Act of 1866, Extending the Time within which Agricultural 
Colleges may be Established. 

AN ACT To aiueiid the fifth section of an act entitled "An act donating public 
lands to the several States and Territories which may provide colleges for 
the benefit of agriculture and the mechanic arts," approved July 2, 1862, 
so as to extend the time within which the provisions of said act shall be 
accepted and such colleges established. 

Be it enacted hy the Senate and House of Represerdatires of the 
United States of Amer^lca in Concp^ess assembled. That the time in 
which the several States may comply with the provisions of the act 
of Julj' second, eighteen hundred and sixty-two, entitled '' An act 



6 COLLEGES OF AGEICULTURE AND MECHANIC AET§. 

donating public lands to the several States and Territories Avhich 
may provide colleges for the benefit of agriculture and the mechanic 
arts," is hereby extended so that the acceptance of the benefits of the 
said act may be expressed within three years from the passage of 
this act, and the colleges required by the said act may be provided 
Avithin five years from the date of the filing of such acceptance with 
the Commissioner of the General Land Office : Provided^ That when 
any Territory shall become a State and be admitted into the Union 
such new States shall be entitled to the benefits of the said act of 
July second, eighteen hundred and sixty-two, by expressing the 
acceptance therein required within three years from the date of its 
admission into the Union, and providing the college or colleges 
within five years after such acceptance, as prescribed in this act: 
Provided further. That any State which has heretofore expressed its 
acceptance of the act herein referred to shall have the period of five 
years within which to provide at least one college, as described in 
the fourth section of said act, after the time for providing said 
college, according to the act of July second, eighteen hundred and 
sixty-two, shall have expired. 

Approved. July 23, 1866. (U Stat.. 208.) 



Act of 1883, Amending Section 4 of the Act of 1862. 

AN ACT TO amend an act donating' public lands to the several States and 
Territories which may provide colleijes for the licMptit (»f airriculture and the 
mechanic arts. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That the fourth* 
section of the act donating public lands to the several States and 
Territories which may provide colleges for the benefit of agricul- 
ture and the mechanic arts, approved July second, eighteen hun- 
dred and sixty-tAvo. be. and the same is hereby, amended so as to 
read as follows: 

Sec. 4. That all moneys derived from the sale of lands afore- 
said by the States to which lands are apportioned, and from the sales 
of land scrip hereinbefore provided for, shall be invested in stocks 
of the United States or of the States, or some other safe stocks; or 
the same may be invested by the States having no State stocks, in 
any other manner after the legislatures of such States shall have 
assented thereto, and engaged that such funds shall yield not less 
than five per centum upon the amount so invested and that the 
principal thereof shall forever remain unimpaired: Provided, That 
the moneys so invested or loaned shall constitute a perpetual fund, 



FEDERAL LAWS, EEGULATIONS, AND RULINGS. 7 

the capital of which shall remain forever undiminished (except so 
far as may be provided in section five of this act) . and the interest 
of which shall be inviolabl}^ appropriated, by each State which may 
take and claim the benefit of this act. to the endowment, support, 
and maintenance of at least one college where the leading object 
shall be, without excluding other scientific and classical studies, and 
including military tactics, to teach such branches of learning as are 
related to agriculture and the mechanic arts, in such manner as the 
legislatures of the States may respectively prescribe, in order to 
promote the liberal and practical education of the industrial classes 
in the several pursuits and professions in life. 
Approved March 3, 1883. (22 Stat.. 484.) 



Morrill Act of 1890. 

AN ACT To apply a portion of the proceeds of the public lands to the more 
complete endowment and support of the colleges for the benefit of agriculture 
and the mechanic arts established under the provisions of an act of Congress 
approved July second, eighteen hundred and sixty-two. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That there shall be, 
and hereby is, annually appropriated, out of any money in the 
Treasury not otherwise appropriated, arising from the sale of public 
lands, to be paid as hereinafter provided, to each State and Territory 
for the more complete endowment and maintenance of colleges for 
the benefit of agriculture and the mechanic arts now established, or 
which may be hereafter established, in accordance with an act of 
Congress approved July second, eighteen hundred and sixty-two, the 
sum of fifteen thousand dollars for the year ending June thirtieth, 
eighteen hundred and ninety, and an annual increase of the amount 
of such appropriation thereafter for ten years by an additional sum 
of one thousand dollars over the preceding year, and the annual 
amount to be paid thereafter to each State and Territory shall be 
twenty-fiA'e thousand dollars to be applied only to instruction in 
agriculture, the mechanic arts, the English language and the various 
branches of mathematical, physical, natural and economic science, 
Avith special reference to their applications in the industries of life, 
and to the facilities for such instruction: Provided^ That no money 
shall be paid out under this act to any State or Territory for the sup- 
port and maintenance of a college where a distinction of race or 
color is made in the admission of students, but the establishment and 
maintenance of such colleges separately for white and colored stu- 
dents shall be held to be a compliance with the provisions of this act 



8 COLLEGES OF AGRICULTL'RE AXD MECHANIC ARTS. 

if the funds received in such State or Territory be equitably divided 
as hereinafter set forth: Provided, That in any State in which there 
hfts been one college established in pursuance of the act of July sec- 
ond, eighteen hundred and sixty-two, and also in which an educa- 
tional institution of like character has been established, or may be 
hereafter established, and is now aided by such State from its own 
revenue, for the education of colored students in agriculture and the 
mechanic arts, however named or styled, or whether or not it has re- 
ceived money heretofore under the act to which this act is an amend- 
ment, the legislature of such State may propose and report to the 
Secretary of the Interior a just and equitable division of the fund to 
be received under this act between one college for white students and 
one institution for colored students established as aforesaid, which 
shall be divided into two parts and paid accordingly, and thereupon 
such institution for colored students shall be entitled to the benefits 
of this act and subject to its provisions, as much as it would have 
been if it had been included under the act of eighteen hundred and 
sixty-two, and the fulfillment of the foregoing provisions shall be 
taken as a compliance with the provision in reference to separate 
colleges for white and colored students. 

Sec. 2. That the sums hereby appropriated to the States and Ter-* 
ritories for the further endowment and support of colleges shall be 
annually paid on or before the thirty-first day of July of each year, 
by the Secretary of the Treasury, upon the warrant of the Secretary 
of the Interior, out of the Treasury of the Ignited States, to the State 
or Territorial treasurer, or to such officer as shall be designated by 
the laws of such State or Territory to receive the same, who shall, 
upon the order of the trustees of the college, or the institution for 
colored students, immediately pay over said sums to the treasurers 
of the respective colleges or other institutions entitled to receive the 
same, and such treasurers shall be required to report to the Secretary 
of Agriculture and to the Secretary' of the Interior, on or before 
the first day of September of each year, a detailed statement of the 
amount so received and of its disbursement. The grants of moneys 
authorized by this act are made subject to the legislative assent of the 
several States and Territories to the purpose of said grants : Provided. 
That payments of such installments of the appropriation herein made 
as shall become due to any State before the adjournment of the 
regular session of legislature meeting next after the passage of this 
act shall be made upon the assent of the governor thereof, duly certi- 
fied to the Secretary of the Treasury. 

Sec. 3. That if any portion of the moneys received by the desig- 
nated officer of the State or Territory for the further and more 
complete endowment. snp])ort. and maintenance of colleges, or of 



FEDERAL LAWS, REGULATIONS, AND RULINGS. 9 

institutions for colored students, as provided in this act, shall, by any 
action or contingency, be diminished or lost, or be misapplied, it shall 
be replaced by the State or Territory to Avhich it belongs, and until so 
leplaced no subsequent appropriation shall be apportioned or paid to 
such State or Territory ; and no portion of said moneys shall be ap- 
plied, directly or indirectly, under any pretense Avhate^■er, to the pur- 
chase, erection, preservation, or repair of any building or buildings. 
An annual report by the president of each of said colleges shall be 
made to the Secretary of Agriculture, as well as to the Secretary of the 
Interior, regarding the condition and progress of each college, includ- 
ing statistical information in relation to its receipts and expenditures', 
its library, the number of its students and professors, and also as to 
any improvements and experiments made under the direction of any 
experiment stations attached to said colleges, with their costs and 
results, and such other industrial and economical statistics as may be 
regarded as useful, one copy of which shall be transmitted by mail 
free to all other colleges further endowed under this act. 

Sec. 4. That on or before the first day of July in each year, after 
the passage of this act, the Secretary of the Interior shall ascertain 
and certify to the Secretary of the Treasury as to each State and Ter- 
ritory whether it is entitled to receive its share of the annual appro- 
priation for colleges, or of institutions for colored students, under 
this act, and the amount which thereupon each is entitled, respec- 
tively, to receive. If the Secretary of the Interior shall Avithliold a 
certificate from any State or Territory of its appropriation, the facts 
and reasons therefor shall be reported to the President, and the 
amount involved shall be kept separate in the Treasury until the close 
of the next Congress, in order that the State or Territory ma}^, if it 
should so desire, appeal to Congress from the determination of the 
Secretary of the Interior. If the next Congress shall not direct such 
sum to be paid, it shall be covered into the Treasury. And the Sec- 
retary of the Interior is hereby charged with the proper administra- 
tion of this law. 

Sec. 5. That the Secretary of the Interior shall annually report to 
Congress the disbursements which have been made in all the States 
and Territories, and also whether the appropriation of any State or 
Territory has been withheld, and if so, the reasons therefor. 

Sec. 6. Congress may at any time amend, suspend, or repeal any 
or all of the provisions of this act. Approved, August 30, 1890. (26. 
Stat., 417.) 

42862—16 2 



10 COLLEGES OF AGRICULTURE AND MECHANIC ARTST 

Nelson Amendment of 1907. 

[Extract from "An Act making appropriations for the Department of Agricul- 
ture for tlie fiscal year ending Jun.e thirtieth, nineteen hundred and eight," 
approved Mar. 4, 1907 (Public— No. 242).] 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled. 

That there shall be, and hereby is, annually appropriated, out of 
any money in the Treasury not otherwise appropriated, to be paid 
as hereinafter provided, to each State and Territory for the more 
complete endowment and maintenance of agricultural colleges now 
established, or which may hereafter be established, in accordance 
with the Act of Congress approved July second, eighteen hundred 
and sixty-two, and the Act of Congress approved August thirtieth, 
eighteen hundred and ninety, the sum of five thousand dollars, in 
addition to the sums named in said Act for the fiscal year ending 
June thirtieth, nineteen hundred and eight, and an annual increase 
of the amount of such appropriation thereafter for four years by 
an additional sum of five thousand dollars over the preceding year, 
and the annual sum to be paid thereafter to each State and Territory 
shall be fifty thousand dollars, to be applied only for the purposes 
of the agricultural colleges as defined and limited in the Act of 
Congress approved July second, eighteen hundred and sixty-two, 
and the Act of Congress approved August thirtieth, eighteen hun- 
dred and ninety. 

That the sum hereby appropriated to the States and Territories for 
the further endowment and support of the colleges shall be ]3aid by, 
to, and in the manner prescribed by the Act of Congress approved 
August thirtieth, eighteen hundred and ninety, entitled " An Act to 
apply a portion of the proceeds of the public lands to the more com- 
plete endowment and support of the colleges for the benefit of agri- 
culture and the mechanic arts established under the provisions of the 
Act of Congress approved July second, eighteen hundred and sixty- 
two," and the expenditure of the said money shall be governed in all 
respects by the provisions of the said Act of Congress approved July 
second, eighteen hundred and sixty-two, and the said Act of Con- 
gress approved August thirtieth, eighteen hundred and ninety: 
Provided, That said colleges may use a portion of this money for 
providing courses for the special preparation of instructors for 
teaching the elements of agriculture and the mechanic arts. 



FEDERAL LAWS, REGULATIONS, AND RULINGS. 11 

Detail of Army Officer and Sale of Supplies to Land-Grant 
Colleges/ 

( Memovaiulum of the War Depai'tnient on the detail of otficers of the Army 
as professors of military science and tactics at educational institutions, and 
the issue of arms and equipments thereto.) 

1. The following requirements are necessary to be fulfilled by 
institutions before the detail of an Army officer can be made and 
arms and certain ordnance equipment issued. 

Requirements: («) The application for the detail of an officer as 
professor of military science and tactics must be made by the authori- 
ties of an established military institution, seminary, academy, col- 
lege, or university within the United States. - 

(b) It must have a capacity to educate at one and the same time 
not less than 150 male students. 

{c) The application must be accompanied by the last printed 
catalogue and a certificate showing the number of male students, the 
number of students over 15 years of age, the capacity in buildings, 
apparatus, and the number of instructors. It must also show the 
grade of the institution and whether or not it is a land-grant insti- 
tution, and the degrees it confers. 

(d) The authorities of the institution must assure the War De- 
partment that military instruction shall be compulsory for all physi- 
cally qualified students for a period of at least two years and for not 
less than 84 hours per academic year. 

(e) The authorities must agree to uniform the students, at other 
than Government expense, in neat, well-fitting uniforms of a pattern 
and st^de now in vogue at other institutions of the same class and 
kind. (See act of Congress approved July 17, 1911.) 

(/) That the officer so detailed shall be a member of the faculty, 
with the same privileges as those granted the heads of other de- 
partments of the institution. 

(g) That the officer so detailed will be supported by the authori- 
ties in maintaining a high standard of military discipline. 

(h) That the course and method of training Avill be prescribed by 
the War Department and the details of same left in the hands of the 
officer so detailed. A suitable classroom should be provided. 

2. If these requirements can be fulfilled by the institution, the 
War Department, under section 1225, Revised Statutes, can grant 
the following: 

(a) Detail of an officer from the active list of the x\rmy to institu- 
tions classed as MC and C, where the number of male students is 100 

1 For full information regarding laws, regulations, and instructions affecting such detail, 
see War Department, General Orders, Nos. 70, 1913, and 14 and 27, 1915. 



12 COLLEGES OF AGRICULTURE AND MECHANIC ARTS. 

or over, and to class M and SM institutions, \Yhere the number of 
such students is 150. 

Class MC. — Colleges and universities (including land-grant insti- 
tutions) where the curriculum is sufficiently advanced to carry with it 
a degree, where the students are habitually in uniform, where the 
average age of the students on graduation is not less than 21 years, 
where the military discipline is constantly maintained, and where one 
of the leading objects is the development of the students by means of 
military drill and by regulating his daily conduct according to the 
principles of military discipline. 

Class M. — Essentially military institutions where the curriculum is 
not sufficiently advanced to carry with it a degree or where the 
average age of the students on graduation is less than 21 years. 

Class C. — Colleges and universities (including land-grant institu- 
tions) not essentially military, where the curriculum is sufficiently 
advanced to carry with it a degree and where the average age of the 
students on graduation is not less than 21 years. 

Class SM. — Institutions not included in any of the classes men- 
tioned above. 

(h) Detail an officer from the retired list of the Army whose pay 
and allowances will be paid by the Government, provided the num- 
ber of students over 15 years of age exceeds 75. (Act of Nov. 3, 
1893.) The total number of active and retired officers who can be so 
detailed is by law limited to 100. 

((?) Detail a retired officer under the act approved April 21, 1904, 
to any institution where the number of male students is less than 
75, provided the institution wall pay the officer's commutation. The 
number of officers provided for this class of details is unlimited. 

The annual commutation for a first lieutenant is about $550, for a 
captain about $710, for a major about $882. 

(d) Within the limitations prescribed by («), (5), and (c) a 
college may have detailed thereat an active officer or a retired officer ; 
a preparatory school, other than a public high school, an officer from 
the active list, a retired officer on active-pay status or a retired 
officer under the provisions of the act approved April 21, 1904. 

(e) Upon the issue of the order detailing the officer for duty as 
professor of military science and tactics at the institution, arms and 
equipment can be issued in accordance with the procedure laid down 
in paragraphs 39 to 49, inclusive. General Orders, No. 70, War 
Department, 1913. 

(/) In accordance with the act of Congress approved July 17, 
1914, the purchase of articles of clothing and publications in such 
quantities as are approved by the Secretary of War can be made. 
Each application will be considered separately. 



FEDERAL LAWS, REGULATIONS. AND RULINGS. 13 

(g) The institution will be inspected annually by General Stall' 
officers with the view of standardizing the course of instruction and 
<'orrecting any deficiencies in methods, manner of instruction and 
training that might exist. 

^1 Before issuing any arms and equipment tlie law requires that 
a bond twice the value of the ordnance and ordnance stores issued be 
filed with the (liief of Ordnance. United States Army. (Pars. 00 
to 09. (General Orders, No. 70, War Department, 1913.) 

All information relative to the purchase of ordnance and ordnance 
stores or replacing those damaged by fair wear and tear, or careless- 
ness on the part of members of the Cadet Corps, and accounting for 
the property of the Government in the hands of the college or school 
authorities, will be found in paragraphs 50 to 59, inclusive. General 
Orders, No. 70, War Department, 1913. 

A suitable place for the safe-keeping of the arms and equipment, 
as well as adequate arrangements for their care and preservation, 
must be provided. When a retired officer is detailed under the act 
approved April 21, 1904. the approval of the governor of the State is 
necessary before submitting any application for arms and equipment. 

4. A retired officer can be detailed at any educational institution 
provided the institution will pay the officer's commutation. 



Other Acts Affecting Land Grant Colleges/ 

01aii.se ill the Act Pnjvidiiiji- for tlie Prinriiii,'. Biiuiin^i-. aiul Dislrilmtioii of Puhllo 
Docuiiieuts. Constituting tlie Land-grant Colleges Depositories. 

All land-grant colleges shall be constituted as depositories for 
public documents, subject to the provisions and limitations of the 
depository laws. 

Approved. March 1. 1907. (34 Stat.. 101-2.) 



Regulations of tlie Post Otlice I »eii:irriiii'Ut ( 'mhcrning Free Transmission of 
Agricultural College Publications. 

Section 515 of the Po.stal Laws and Regulations (1902) of the 
United States relating to the free transmission of reports of Agri- 
cultural college records as follows. 

Sec. 515. One copy of each of the annual reports required by law 
to be made to the Secretary of the Interior and the Secretary of 
Agriculture, by such colleges as are or may hereafter be established 
for the benefit of agriculture and the mechanic arts in the several 
States and Territories under the provisions of the act of July 2, 

^ Laws relatins solely to experiment stations and extension work are omitted. 



14 COLLEGES OF AGEICULTUEE AND MECHANIC AETS. 

1862, entitled "An act donating public lands to the several States 
and Territories Avhich may provide colleges for the benefit of agri- 
culture and the mechanic arts," and the acts amendatory thereof 
* * * shall be transmitted by mail free, by each, to all the other 
colleges which may be endowed under the provisions of this act 
(of July 2, 1862), and also one copy to the Secretary of the Interioi 
and the Secretary of Agriculture. 

2. Postmasters at offices where colleges are established under the 
provisions of the act of July 2, 1862, will receive from the officers 
thereof the reports referred to addressed, one copy each, to such 
other colleges and to the Secretary of the Interior and the Secretary 
of Agriculture, and affix to each a penalty label or official envelope 
of the post office, and forward the same free. 



Rulings and Instructions Relative to the Land Grant Act 

of 1862. 

A decision of the Assistant Attorney General rules, " In view 
of the fact that the acts in question (July 2, 1862; Aug. 30, 1890; 
and March 4, 1907) require the investment of funds to be made in 
specific securities, at not less than a specified rate of interest, and 
tiiat the entire proceeds be applied, Avithout dimiaution, to tlie pur- 
poses mentioned in the acts; of the fact that the acts require that 
any funds diminished, lost, or misapplied shall be replaced by the 
State ; that the act of August 30, 1890. makes it incumbent upon the 
Secretary of the Interior to ascertain and certify as to whether the 
several States and Territories are entitled to their respective shares, 
and implies that he should withold a certificate from any State or 
Territory not thereto entitled, justify the Department (of the Inte- 
rior) in requiring such institutions to submit the necessary facts 
to enable it to determine whether the appropriations are being prop- 
erly invested, maintained, and applied, you (the Commissioner 
of Education) are accordingly advised that * * * this Depart- 
ment (of the Interior) is authorized, under the acts of Congress 
cited, to require a statement in detail from the several land-grant 
States or institutions of the disbursements of the annual income 
received by them under said act of July 2, 1862, and supplementary 
acts, and that this may be done through your office." 

In conformity therewith the attention of State legislatures. State 
officers, and officers of institutions receiving the benefit of these acts, 
is respectfully called to the following provisions: 

1. The amendment of July 23, 1866, extends the provisions of the 
original act of July 2, 1862, to all new States. — "That when any 



FEDEEAL LAWS, REGULATIONS, AND RULINGS. 15 

Territory shall become a State and be admitted into the Union, such 
new State shall be entitled to the benefits of the said act of July sec- 
ond, eighteen hundred and sixty-two." 

2. Both in the original act and in the amendment of 1883, it is 
provided that the money derived from the sale of lands and from the 
sale of land scrip shall be invested at not less than 5% interest and 
shall constitute a perpetual fund. 

It is held that, if the investment yields less than 5% the State 
must make up the deficiency. 

3. The interest shall be regularly applied without diminution to 
the endowment, support, and maintenance of at least one college, 
where the leading object shall be, without excluding other scientific 
and classical studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and the mechanic 
arts. 

It is held that the proceeds from rentals, sale of timber rights, 
v.ater rights, or other privileges, and interest on deferred payments 
of purchase money partake of the same character as the income 
from invested funds and must be devoted, without diminution, to 
the purposes as set forth above. 

It is held that instruction in the industries for women is included 
in instruction in agriculture and the mechanic arts. 

4. The income from this fund is not a fiscal year or limited fund. 
It must remain forever at the disposal of the institution entitled to 
the benefit of the fund. Nor may it ever be covered into general 
State funds or used for general State purposes. Tliere can be no 
default to the State by the institution. 

5. It is held that the act of 1890 (26 Stat., 417) with the amend- 
ment of 1907 (34 Stat., 1281) is supplementary to the act of 1862 
(12 Stat., 503), therefore any default in the provisions of the act of 
1862 renders the State liable to non-certification for the annual in- 
stallments of the funds api)ro{)riated l)y the acts of 1890 and 1907. 

6. The only restriction placed by the acts of Congress of July 2, 
1862. upon the expenditure of the income derived from the sale of 
public lands granted for the endowment of colleges of agriculture 
and the mechanic arts, and the investment of the purchase money, is 
that no part of such income may be expended for the purchase, 
erection, preservation, or repair of any building or buildings, nor 
may this income be used for the purchase of land. 



16 COLLEGES OF AGRICULTURE AND MECHANIC ARTS. • 

Rulings and Instructions Relative to the Acts of Congress 
of August 30, 1890, and March 4, 1907, in Aid of Col- 
leges of Agriculture and Mechanic Arts. 

The attention of presidents, treasiii-ers, and boards of control of 
State colleges of agricultnre and mechanic arts, and of institutions of 
like character for colored students, is respectfully called to the 
rcqdirements of the acts of Congress, approved August 30, 1890 (26 
Stat. L., p. 417), and March 1, 1907 (34 Stat. L., p. 1281). in aid of 
colleges of agriculture and mechanic arts respecting the annual 
reports of the presidents and treasurers of said institutions to the 
Secretary of the Interior and the Secretary of Agriculture, and to 
certain decisions respecting the disbursement of the funds authorized 
by the said act. 

1. The annual reports of treasurers are recjuired to be made on or 
before September 1 of each year (sec. 2). 

2. The re])orts of presidents must be received before the States can 
be certified for the annual installments of this fund, and it is respect- 
fully requested that they be forAvarded to this office not later than 
September 1 of each year. 

3. The funds annually appropriated by the act of August 30. 1890, 
must be expended during the year for which they are appropriated 
and for the purposes specified in the said act, and can not be allowed 
to accinnulate in the form of an unexpended balance or be invested as 
a permanent interest-bearing fund (decision of the Assistant At- 
torney (Jeneral, June 20. 1899). The department will insist on the 
expenditure annually of substantially the entire amount appropriated 
by the act of August 30, 1890, and the act of March 4, 1907, and 
boards of control of agricultural and mechanical colleges are re- 
quested to make provision for such expenditures. When, however, 
the condition of the institution is such that the funds can not be 
spent advantageously, an unexpended balance will be allowed to 
remain over to the following year. This will be allowed only when 
it is shown that plans are prepared for the eventual use, not only of 
all unexpended balances, but also of the regular annual installments. 

4. The funds are " to be applied only to instruction in agriculture, 
the mechanic arts, the English language, and the various branches 
of mathematical. i)hysical, natural and economic science, with spe- 
cial leference to their applications in the industries of life, and to 
the facilities for such instruction" and "'for providing courses for 
the special prejjaratiou of instructoi's for teaching the elements of 
agriculture and mechanic arts." It is held that this language au- 
thorizes the purchase from this money of apparatus, machinery, 
textbooks, reference books, stock, and material used in instiuction, 



FEDERAL LAWS, REGULATIONS, AND RULINGS. 17 

or for the purposes of illustration in connection with any of the 
branches enumerated, and the jiayment of sahiries of instructors in 
said branches only; but. in case of machinery (such as boilers, en- 
gines, pumps, etc.) and farm stock, which are made to serve for both 
instructional and other purposes, the Federal funds may be charged 
with only an equitable portion of the cost of said machinery and 
stock. 

5. The expenditure of any portion of these funds for the purchase, 
erection, preservation, or repair of any building or buildings under 
any pretense whatever is specifically prohibited by the act (sec. 3) ; 
the purchase of land is not allowable (decision of Assistant Attorney 
(ieneral. Mar.. ISOl). nor expenditures for permanent improvement 
to buildings, grounds, and farms, such as clearing, draining, and 
fencing of land. 

6. {a) The salaries of purely administrative officers, such as treas- 
nrers (decision of Assistant Attorney (reneral. Mar. 7, 1894), presi- 
dents, secretaries, bookkeepers, janitors, watchmen, etc., can not be 
charged to this fund, nor the salaries of other administrative officers, 
like superintendents, foremen, and matrons, nor the wages of un- 
skilled laborers and assistants in shops, laboratories, and fields; 

(h) nor may this fnnd be used for the salaries of instructors im- 
jjroperly trained or incompetent for the positions they are supposed 
to fill ; nor may it be used for salaries or expenses of the experiment 
station staff, nor for instructors employed in research work or in 
collecting, classifying and arranging specimens, collections or 
exhibits ; 

(c) nor can it be expended for heating or lighting buildings, mu- 
sical instruments, military equipment, furniture, cases, shelving, 
desks, blackboards, tables, lockers, salaries of instructors in philos- 
ophy, psychology, ethics, logic, history, civil goA^ernment, pedagogy, 
military science and tactics, and in ancient and modern languages 
(except English) ; 

(d) nor can it be expended for instruction in the elementary sub- 
jects, or their equivalents, included in the first six years of the coui-se 
of study of the public schools of the States in which each institution 
is located, excepting for students fourteen years of age and over 
who are devoting at least one-half of their time to industrial sub- 
jects as preparatory work in the mechanical trades, industries for 
women, or agriculture. 

When an administrative officer also giA'es instruction in any of the 
branches of study mentioned in the act of August 30, 1890, or Avhen 
an instructor gives such instruction and also devotes part of his 
time to giving instruction in branches of study not mentioned in the 
said act. only a part of such person's salary proportionate to the 



18 COLLEGES OF AGRICULTURE AND MECHANIC ARTsT 

time devoted to giving instruction in the branches of study mentioned 
in the said act of xVugust 30, 1890, can be charged to these funds. 
In the division of time between instructional and other services, one 
hour of instruction shall be regarded as the equivalent of two hours 
of administrative, supervisory, or experiment station work. 

7. No part of the funds received under the provisions of the acts 
of 1890 and 1907 may be used for any form of extension work, and 
all instruction must be given at the institutions receiving these funds, 
except that a reasonable portion of the funds provided by the act of 
1907 may be used for the instruction of teachers in agriculture, 
mechanic arts, and domestic science at summer schools, teachers' 
institutes, and by correspondence, and in supervising and directing 
work in these subjects in high schools. 

8. All or a part of the funds provided by the act of March 1, 1907. 
may be used " for providing courses for the special preparation of 
instructors for teaching the elements of agriculture and mechanic 
arts." It is held that this language authorizes expenditures for 
instruction in the history of agriculture and industrial education, in 
methods of teaching agriculture, mechanic arts, and home economics, 
and also for special aid and supervision given to teachers actively 
engaged in teaching agriculture, mechanic arts, and home economics 
in public schools. It does not authorize expenditures for general 
courses in pedagogy, psychology, history of education, and methods 
of teaching. 

9. In order that uniformity in the reports of treasurers may be 
obtained, the following classification of subjects that may be included 
under the several schedules has been prepared, such classification to 
be adhered to by the treasurers of the various institutions in the 
preparation of their annual reports: 

Schedule A. — Tnstruciion in aciriciilturc. 



1. 


Agrifulture. 




0. Dairying. 


2_ 


Horticulture. 




7. Veterinary science. 


3. 


Forestry. 




S. Poultry industry. 


4. 


Agrouomy. 




9. Apiculture. 


5. 


Animal husbaudry. 








Schedule B.- 


—Inst rue 


fion 'ui Dicclumic arts. 


]. 


Mechanical engineering. 




30. Architecture. 


2. 


Civil engineering. 




11. Machine design. 


3. 


Electrical engineering. 




12. Mechanical drawin 


4. 


Irrigation engineering. 




13. Ceramics. 


r. 


Mining engineering. 




14. Stenography. 


G. 


^Marine engineering. 




15. Typewriting. 


7. 


Railway engineering. 




IG. Telegraphy. 


s. 


Experimental engineering. 




17. Printing. 


(\ 


Textile industry. 




IS. Shopwork. 



FEDERAL LAWS, REGULATIOXS, AND RULINGS. 19 

Schedule C. — Instruction in En(ilish language. 



1 English language. 

2. English literature. 

3. Composition. 



4. Rhetoric. 
."), Oratory. 



Schedule D. — Instruction in mathematical sciences. 

1. Mathematics. I 3. Astronomy. 

2 Bookkeeping. | 

Schedule E. — Instruction in natural and physical sciences. 



1. Chemistry. 

2. Physics. 

3 Biology. 

4 Botany. 
5. Zoology. 

6 Geology. 

7 J.Iineralogy. 



8. Metallurgy. 

9. Entomology. 

10. Physiology. 

11. Bacteriology. 

12. Pharmacy. 

13. Physical geography. 

14. Meteorology. 



Schedule F. — Instruction in economic sciences. 



1. Political economy. 1 3. Commercial geography. 

2. Home economics. | 4. Sociology. 

Schedule G. — Special preparation of teachers. 

1. History of industrial education (with special reference to agriculture, me- 

chanic arts, and home economics). 

2. Methods of teaching agriculture, luechanic arts, and home economics. 

3. Special instruction to persons teaching agriculture, mechanic arts, and home 

economics. 

P. P. Claxton, 
Commissioner of Education. 
Approved, May 23, 1916. 

Franklin K. Lane, 

Secretary of the Interior. 

o 



LIBRARY OF CX)NGRESS 



DDDE7441t.^S 




